Words used in the present tense include the future. Words used
in the masculine gender include feminine and neuter, and in the feminine
or neuter, the masculine. Words used in the singular number include
the plural, and in the plural, the singular. "Lot" includes "plot,"
"occupied" includes "designed, arranged or intended to be occupied"
and "used" includes "designated, arranged or intended to be used."
[Amended 6-27-1994 by Ord. No. 27756; 6-13-2005 by Ord. No. 30180]
The separate provisions of this chapter and the Zoning Map are
adopted with the intent that each shall have force and effect separately
and independently, except where one provision or part thereof is made
dependent upon another, either by express reference or necessary implication.
The invalidity of any provision or part thereof shall not affect the
validity of any other provision. Whenever this chapter imposes any
restriction upon the construction or use of buildings or land which
is different than those imposed by other ordinances or existing provisions
of law, regulations or permits or any restrictions, easements, covenants
or agreements, the provisions which impose the stricter standard shall
govern, except where the provisions of MGL c. 40A, Section 6, authorized
completion of construction pursuant to a previously issued building
or special permit.
[Added 12-23-1991 by Ord. No. 27274; 12-23-2002 by Ord. No. 29628; 2-26-2001 by Ord. No. 29197; 2-26-2001 by Ord. No. 29197; 4-28-2008 by Ord. No.
30876; 5-13-1996 by Ord. No. 28125; 5-13-1996 by Ord. No. 28125; 5-13-1996 by Ord. No. 28125; 5-13-1996 by Ord. No. 28125; 5-13-1996 by Ord. No.
28125; 6-13-2005 by Ord. No. 30180; 6-25-1990 by Ord. No. 26935; 9-25-1991 by Ord. No. 27222; amended 12-11-1978 by Ord. No. 24442; 2-24-1992 by Ord. No. 27312; 3-25-1968 by Ord. No. 22222; 3-25-1968 by Ord. No.
22222; 5-23-1994 by Ord. No. 27732; 3-28-1995 by Ord. No. 27884; 6-10-1991 by Ord. No. 27154; 6-13-2005 by Ord. No. 30180; 4-11-2011 by Ord. No.
31532; 6-27-1994 by Ord. No. 27756; 6-27-1994 by Ord. No. 27756; 6-27-1994 by Ord. No. 27756; 6-27-1994 by Ord. No. 27756; 6-27-1994 by Ord. No.
27756; 6-13-2005 by Ord. No. 30180]
As used in this chapter, the following terms shall have the
meanings indicated:
2.301.
ABANDONMENT — The visible or otherwise apparent intention of
an owner or occupant to discontinue or abandon a particular nonconforming
use or structure, including but not limited to the removal of equipment
or furnishings customarily incidental to a particular use without
their replacement within 60 days with similar equipment or furnishings;
the replacement of a nonconforming use or structure with a conforming
use or structure; and the storage of nongaraged, unregistered motor
vehicles for more than 60 days on parcels not authorized by this chapter
for the storage or repair of said motor vehicles.
2.302.
ACCESSORY BUILDINGS — A building subordinate to the principal
building, and buildings customarily incidental to that of a principal
building or principal use on the same premises, including a private
garage, the use of which is customarily incidental to that of a principal
building on the same premises. All accessory buildings shall be subject
to all dimensional regulations set forth in this chapter.[1]
2.303.
ACCESSORY USE — Use of land, building or part of building that
is customarily incidental and clearly subordinate to the principal
use of the premises. Accessory uses are permitted in all districts
if not hazardous, harmful or inconsistent with specific use or dimensional
restrictions applicable to such districts.
2.303A.
ADULT ENTERTAINMENT
ENTERPRISES — As follows:
(1)
ADULT BOOKSTORE — An establishment which has more than
10% of its gross floor area or a substantial or significant portion
of its stock-in-trade books, magazines and other matter which are
distinguished or characterized by their emphasis depicting, describing
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, Section 31.
(2)
ADULT MOTION-PICTURE THEATER — An enclosed building used
for presenting material distinguished by an emphasis on matter depicting,
describing or relating to sexual conduct or sexual excitement as defined
in MGL c. 272, Section 31.
(3)
ADULT PARAPHERNALIA STORE — An establishment which has
more than 10% of its gross floor area or a substantial or significant
portion of its stock devices, objects, tools or toys which are distinguished
or characterized by their association with sexual activity, including
sexual conduct or sexual excitement as defined in MGL c. 272, Section
31.
(4)
ADULT VIDEO STORE — An establishment which has more than
10% of its gross floor area or a substantial or significant portion
of its stock-in-trade videos, movies or other film material which
are distinguished or characterized by their emphasis depicting, describing
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, Section 31 and as set forth hereunder:
(a)
SEXUAL CONDUCT — Human masturbation, sexual intercourse,
actual or simulated, normal or perverted, any lewd exhibitions of
the genitals, pubic areas or buttocks of the human male or female
or the breasts of the female, whether alone or between members of
same or opposite sex or between humans and animals, and any depiction
or representation of excretory functions in the context of a sexual
relationship. Sexual intercourse is simulated when it depicts explicit
sexual intercourse which gives the appearance of the consummation
of sexual intercourse, normal or perverted.
(b)
SEXUAL EXCITEMENT — The condition of human male or female
genitals or the breasts of the female while in a state of sexual stimulation
or the sensual experiences of humans engaging in or witnessing sexual
conduct or nudity.
(5)
If any clause, section or other part of this ordinance shall
be held invalid or unconstitutional by any court of competent jurisdiction,
the remainder of this ordinance shall not be affected thereby, but
shall remain in full force and effect.
2.303B.
AGE-RESTRICTED
HOUSING — Single family, two-family, townhouse style and multifamily
dwellings that are:
(A)
Provided under any state or federal program specifically designed
and operated to assist elderly persons (as defined in the state or
federal program); or
(B)
Intended for, and solely occupied by, persons 62 years of age
or older on one parcel or on contiguous parcels of land totaling at
least five acres in size; or
(C)
Intended and operated for occupancy by persons 55 years of age
or older on one parcel or on contiguous parcels of land totaling at
least five acres in size, and
(i)
At least 80% of the occupied units are occupied by at least
one person who is 55 years of age or older;
(ii)
The housing operator publishes and adheres to policies and procedures
that demonstrate the intent required under this subparagraph;
(iii)
The housing operator verifies occupancy by means
set forth by the special permit granting authority; and
(iv)
The housing operator complies with the rules issued by the Secretary
of Housing and Urban Development for verification of occupancy, which
shall (I) provide for verification by reliable surveys and affidavits,
and (II) include examples of the type of policies and procedures relevant
to a determination of compliance with the requirements of Clause (ii).
Such surveys and affidavits shall be admissible in administrative
and judicial proceedings for the purposes of such verification.
|
Housing shall not fail to meet the definition of age-restricted
housing by reason of unoccupied units, provided that such units are
reserved for occupancy by persons who meet the age requirements of
this definition.
|
2.304.
ALTERATION — A change in or addition to a building which modifies
its location, plan, manner of construction or the kind of materials
used or in any way varies the size or character of its use.
2.305.
APARTMENT — A room or set of rooms fitted with housekeeping
facilities and used as a dwelling unit, as defined in Section 2.317.
2.305A.
BACKYARD COMPOSTING — The composting of organic
solid waste, such as grass clippings, leaves or brush, generated by
a homeowner or tenant of a residential dwelling, where composting
occurs at that dwelling place.
2.306.
BASEMENT — A portion of the building partly underground but
having less than half its total height below the average grade of
the adjoining ground as calculated or measured based on the grade
existing prior to any construction or earth moving activity on the
site. For the purposes of this chapter, a "basement" shall not be
considered as a story (see Section 2.340).
2.307.
BUFFER ZONE — Areas of land maintained in a landscaped fashion
or in a natural state that are open, unpaved, unbuilt upon and not
used for buildings, as parking areas for motor vehicles or for storage
of any kind.
2.308.
BUILDING — A combination of any materials, whether portable
or fixed, having a roof to form a structure for the shelter of persons,
animals or property. For the purpose of this definition, "roof" shall
include any awning, marquees or similar covering, whether or not permanent
in nature.
2.309.
BUILDING, EXISTING — Buildings actually completed prior to
December 27, 1988, the effective date of this chapter, and/or the
buildings which had been issued a building permit prior to or on December
27, 1988, and which have proceeded to completion within a reasonable
time.
2.310.
BUILDING LINE — A line in accordance with the dimensional criteria
established by this chapter beyond which any building or structure
or any part thereof shall not extend, not to be construed to prohibit
fences which are legally erected.
2.311.
BUILDING, NEW — A building, the erection of which was issued
a building permit after December 27, 1988.
2.312.
BUSINESS — The transaction or carrying on of a trade or commercial
enterprise, other than manufacturing, with a view to profit or for
a livelihood.
2.313.
CELLAR — A portion of any building that has more than half
of its total height below the average grade of the adjoining ground
as calculated or measured based on the grade existing prior to any
construction or earthmoving activity on the site. For the purposes
of this chapter, a "cellar" shall not be considered as a story (See
Section 2.340.)
2.313A.
COMPOSTABLE MATERIAL — Organic material, excluding
wastewater treatment residuals, that has the potential to be composted,
which is presorted and not contaminated by significant amounts of
toxic substances.
2.313B.
COMPOSTING — A process of accelerated biodegradation
and stabilization of organic material under controlled conditions
yielding a product which can safely be used.
2.314.
CONDOMINIUM — The land, the building or buildings, all other
improvements and structures thereon and all easements, rights and
appurtenances belonging thereto which have been submitted according
to the provisions of MGLA c. 183A. A condominium shall be treated
as a form of land ownership, not land use, and shall be subject to
the applicable provisions of this chapter for the district in which
it is located.
2.314A.
CONVENIENCE FOOD STORE IN GASOLINE STATION —
A retail store operated as part of a gasoline station that is designed
and stocked to sell primarily so-called "snacks" (that is, food which
is ready for consumption directly from its container without prior
cooking or preparation), beverages, prepackaged dry goods such as
cigarettes, cigars, razors, razor blades and newspapers. Such a store
may also sell fresh baked goods (e.g., donuts, bagels) made off the
premises and hot pre-prepared foods (e.g., hot dogs, breakfast sandwiches),
provided that there shall be no kitchen facilities on the premises,
except warming devices and microwave ovens, and that no more than
125 square feet of the public floor area of such store may be dedicated
to the display and/or sale of such items. Notwithstanding the provisions
of Sections 3.228, 3.228D, 3.228C, 3.229 and 3.620, a convenience
food store in a retail gasoline station shall be considered a separate
and distinct use, and shall be a permitted use as provided for in
Section 3.4, Table of Uses.
[Amended 5-13-2019 by Ord. No. 34446]
2.315.
CORNER LOT — A lot bounded by more than one street, whether
public or private, which has an interior intersecting angle of 135°
or less, formed by the tangents or straight segments of street lines
between the side or rear lines of such a lot or by an extension of
such street lines. A lot bounded by one street shall be considered
a "corner lot" when the tangents or straight segments of the street
line between the side lines of the lot form or would form, if extended,
an interior angle of 105° or less.
2.316.
DWELLING — A building which is designed for or occupied as
a place of abode by one or more persons, either permanently or transiently.
2.317.
DWELLING UNIT — One or more rooms designed for or occupied
as a place of abode by one person or by one family with cooking, sleeping
and toilet facilities.
2.317A.
FAMILY — A bona fide single housekeeping unit
consisting of two or more individuals living together where the relationship
to one another is of a distinct domestic character and achieves the
permanency and cohesiveness inherent in the notion of a single housekeeping
unit.
2.318.
FLOOR AREA, GROSS — The total area of all floors of a building,
excluding all parking areas and all parking structures and the traditional
roof appurtenances such as mechanical or utility rooms providing services
to the building itself, flagpoles, chimneys and similar structures,
but including cellars, except that portion used for parking, basements,
except that portion used for parking and mezzanines to the inside
face of exterior walls thereof, and including partitions, stairwells,
corridors and fully enclosed porches with permanent roofs.
2.319.
FLOOR AREA, HABITABLE — The gross floor area, exclusive of
cellars, basements, mezzanines, stairwells and corridors.
2.320.
FLOOR AREA, PUBLIC — That part of the gross floor area to which
the public has access or wherein the public is served.
2.321.
FLOOR AREA RATIO (FAR) — The ratio between the gross floor
area, as defined by this chapter, of all buildings and structures
on a particular lot or parcel and the total land area of that lot
and/or parcel. Where a City boundary line divides a lot, the "FAR"
shall be the ratio between that portion of the gross floor area which
is located within the boundaries of the City of Waltham and that portion
of the total land area which is located within the City of Waltham.
2.322.
FRONT YARD — The required setback extending across the entire
width of the lot between the street line and the required setback
line.
2.323.
FRONTAGE — The width of a lot measured along a public street
or private way.
2.324.
GRADE — The average elevation of the finished ground level
along the perimeter of a building, measured at twenty-foot intervals.
Further, for the purposes of this chapter, there shall be a maximum
berming height of six feet within 50 feet of any affected foundation
wall for nonresidential structures and a maximum berming height of
six feet within 15 feet of residential structures.
2.325.
HALF STORY — Any story which is under a pitched roof where
the point of intersection of the tops of the rafters and the face
of the wall is less than three feet above the floor level.
2.326.
HEIGHT OF BUILDING — The vertical distance allowed for all
structures in each zoning district above the average existing elevation
of a lot or parcel of land, the average existing elevation being the
average of the aggregate averages of all sides or boundaries. To determine
the average elevation of each side or boundary, there shall be a measurement
of elevation at each side or boundary angle and at least once every
30 feet between said angles. Further, the determination of the allowed
height of a building on any parcel shall be made at the time of application
for a building permit. (For permitted superstructure, see Section
4.217.)
2.327.
JUNK — Old or scrap copper, brass, rope, rags, batteries, paper,
trash, rubber debris, waste or junked, dismantled or wrecked automobiles
or parts thereof, iron, steel and other old or scrap ferrous or nonferrous
material, not including any item that is or may contain a hazardous
material as defined by the Massachusetts DEQE.
2.328.
LOT — A parcel of real estate as described in a deed or shown
on a plan separate from any other parcel, such deed or plan being
recorded in the Registry of Deeds or approved by the Board of Survey
and Planning and on file with the City Engineer.
2.329.
LOT LINE — The division between individual lots.
2.330.
LOT WIDTH — The shortest distance between the side lot lines
measured through the front yard setback line.
2.331.
NONCONFORMING USE — The use of any building, structure or land
that does not conform to the regulations of the district in which
it is located, provided that such use was in existence and lawful
at the time the applicable provisions of this chapter or prior zoning
ordinances became effective.
2.331A.
PARKING SPACE — An area exclusive of aisles, maneuvering
areas, and driveways for the parking of one motor vehicle. Excluded
from this definition are loading areas, drive-through lanes for drive-in
customer services, and the area(s) adjacent to fuel pumps at a retail
gasoline station at which motor vehicles can conduct refueling, whether
they are doing so or not, excluding currently existing parking uses.
[Added 5-26-2020 by Ord. No. 34823]
2.332.
PRINCIPAL BUILDING — Any building in which the predominant
use of the lot is contained.
2.333.
PRINCIPAL USE — The primary use to which the premises are devoted
and the main purpose for which the premises exist.
2.334.
REAR LOT LINE — The lot line opposite the street line, except
that in the case of a corner lot, the rear lot line shall be the line
opposite the street line of the street on which the principal building
faces. In exceptional cases which do not fall within this rule, the
rear lot line shall be determined by the Inspector of Buildings.
2.335.
REAR YARD — The required setback extending across the entire
width of the lot between the rear lot line and that part of the principal
building which is nearest said rear lot line.
2.336.
RECORD or RECORDED — Title to a lot as disclosed by a deed
recorded in the Middlesex County Registry of Deeds or a certificate
of title issued by the Land Court section of such registry, or record
title disclosed by any and all pertinent public records.
2.3361.
REHABILITATION — The complete restoration or
reconstruction of at least 80% of all interior spaces and utilities
within a structure. This definition shall not apply to structures
contained on any local, state or federal list or register of historic
structures.
2.3362.
RENEWABLE AND ALTERNATIVE ENERGY — Energy technologies
including the following: solar (photovoltaic and thermal energy),
wind, biomass power conversion or thermal technologies, including
wood pellets, ultra-low-emissions high-efficiency wood pellet boiler
and furnaces, low-impact hydro (electric and kinetic), ocean thermal
(wave or tidal), geothermal, landfill gas, fuel cells that use renewable
energy, advanced biofuels, combined heat and power, electric- and
hydrogen-powered vehicles and associated technologies, including advanced
batteries and recharging stations.
[Added 10-28-2013 by Ord. No. 32044]
2.337.
SETBACK — The required minimum distance from the lot line or
street line to the nearest part of the structure. For the purposes
of this chapter, fences, retaining walls, flagpoles and front entrance
steps shall not be subject to setback requirements.
2.338.
SIDE YARD — The required setback within the lot, beginning
at each side lot line and extending toward the parts of the building
nearest such side lot line. On the corner lot, the line of the street
forming the intersection with the street on which the building fronts
shall be considered the street line. Side yards of corner lots shall
comply with setback requirements applicable to existing buildings
on the side street.
2.340.
STORY — That part of a building between any floor and the floor
or roof next above. For the purpose of this chapter, where a building
is not divided into stories, a "story" shall be considered up to 15
feet in height. See Section 4.217, Height exceptions.
2.341.
STREET — A way, whether public or private, used or dedicated
for use for purposes of passage, and including streets, avenues, boulevards,
parkways, alleys, lanes and viaducts.
2.342.
STREET LINE — The dividing line between a street and adjacent
land.
2.343.
STRUCTURE — A combination of materials, assembled together
to give support or shelter. The term "structure" shall include a building,
framework, retaining wall, tent, reviewing stand, freestanding dish
antenna, platform, bin, fence, swimming pool, trailer, sign, flagpole,
mast for radio antenna or the like and shall be construed, where the
context allows, as though followed by the words "or part or parts
thereof." Ornamental garden fences erected or placed on the interior
of a lot shall not be considered as "structures."
2.343A.
TRANSFER STATION — A handling facility where
material is brought, stored and/or transferred from one vehicle or
container to another vehicle or container for transport off-site to
a treatment, processing or disposal facility.
2.3431.
MULTIFAMILY TOWNHOUSE OR MULTIFAMILY ROWHOUSE —
A single structure consisting of no less than three and no more than
six dwelling units having one or more walls abutting with another
dwelling and designed to have at least one first floor door leading
from each individual unit to the outside of the building. In no case
shall any multifamily townhouse or multifamily rowhouse structure
contain more than six units.
2.3432.
STRUCTURED PARKING — A structure connected
to or constructed as an integral part of a residential, commercial,
or mixed-use residential/commercial building and used for the parking
of motor vehicles, where such parking is accessory to the use or uses
contained in said residential and/or commercial buildings.
2.344.
USABLE OPEN SPACE — Areas open and unobstructed to the sky
that can be used for active or passive recreation purposes. Benches,
walkways, pools, atriums, trees, flagpoles, sculpture and similar
structures or entities shall not be considered obstructions.
2.345.
YARD WASTE — Deciduous and coniferous seasonal deposition (e.g.,
leaves), grass clippings, weeds, hedge clippings, garden materials
and brush.
2.346.
BODY ART — The practice of physical body adornment by permitting
establishments and practitioners using, but not limited to, the following
techniques: body piercing (excluding piercing of the earlobe with
a presterilized single-use stud-and-clasp system manufactured exclusively
for ear piercing), tattooing, cosmetic tattooing, branding, and scarification.
This definition does not include practices that are considered medical
procedures by the Massachusetts Board of Registration in Medicine,
such as implants under the skin, which are prohibited.
2.347.
BODY ART ESTABLISHMENT — A location, place, or business that
has been granted a permit by the Waltham Board of Health, whether
public or private, where the practices of body art are performed,
whether or not for profit.
2.348.
CIGARETTE – Shall be defined as that term that is defined in
the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. § 1331
et seq.
[Added 5-28-2019 by Ord.
No. 34472]
2.349.
E-CIGARETTE — An electronic cigarette or e-cigarette is a handheld
electronic device that simulates the feeling of smoking by heating
a liquid to generate an aerosol, commonly called a "vapor," which
the user inhales.
[Added 5-28-2019 by Ord.
No. 34472]
2.350.
ELECTRONIC SMOKING DEVICE — Any product that can deliver nicotine
or other substance to the user through inhalation of vapor. Electronic
smoking device includes:
[Added 5-28-2019 by Ord.
No. 34472]
2.351.
SMOKING DEVICES — Shall
include any of the following:
[Added 5-28-2019 by Ord.
No. 34472]
(1)
Any
device intended or designed for use by individuals for the smoking
or ingestion of tobacco. Examples of such devices include, but are
not limited to: pipes, hookahs, vaporizers, electric pipes, or similar
devices;
(2)
Cartridges,
cartomizers, e-liquid, smoke juice, tips, atomizers, electronic smoking
device batteries, electronic smoking device chargers, and any other
item specifically designed for the preparation, charging, or use of
electronic smoking devices;
(3)
Any
electronic smoking device, including, but not limited to, e-cigarettes
or other vaping devices.
2.352.
TOBACCO PRODUCT — Shall
include any of the following:
[Added 5-28-2019 by Ord.
No. 34472]
(1)
Any
product containing tobacco leaf, including, but not limited to, cigarettes,
cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping
tobacco, bidis, or any other preparation of tobacco; and
(2)
Any
product or formulation of matter containing biologically active amounts
of nicotine that is manufactured, sold, offered for sale, or otherwise
distributed with the expectation that the product or matter will be
introduced into the human body, but does not include any product specifically
approved by the United States Food and Drug Administration for use
in treating nicotine or tobacco dependence.
2.353.
VAPING — The act of inhaling and exhaling the aerosol, often
referred to as vapor, which is produced by an e-cigarette or similar
device.
[Added 5-28-2019 by Ord.
No. 34472]
